Petition for Waiver of Compliance, 4076 [E9-1218]

Agencies

• Federal Railroad Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 74, Number 13 (Thursday, January 22, 2009)]
[Notices]
[Page 4076]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1218]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) received a request for a waiver of compliance from certain 
requirements of its safety standards. The individual petition is 
described below, including the party seeking relief, the regulatory 
provisions involved, the nature of the relief being requested, and the 
petitioner's arguments in favor of relief.

Union Pacific Railroad Company

[Docket Number FRA-2008-0165]

    The Union Pacific Railroad Company (UP) seeks a waiver of 
compliance from certain provisions of of 49 CFR Part 232, Brake System 
Safety Standards for Freight and Other Non-Passenger Trains and 
Equipment. Specifically, UP is requesting a waiver of 49 CFR 232.213, 
Extended Haul Trains, to the extent necessary to allow UP to operate 
certain trains up to 1,800 miles between Class I brake inspections. The 
current regulation restricts extended haul train movements to 1,500 
miles.
    UP states that if this request is granted, they would utilize it to 
operate approximately 50 such trains each day. Most of these trains are 
coal and intermodal trains, along with some automotive trains. UP 
commits to complying with all other provisions of Sec.  232.213 using 
qualified UP mechanical inspectors. UP also states that if this waiver 
is approved, no UP employee in active service at points where train 
inspections will no longer be performed, due to this waiver, will be 
furloughed as a result of the waiver. UP claims that they have provided 
this commitment in writing to the Brotherhood of Railway Carmen. 
However, UP retains the right to relocate such employees if necessary.
    UP believes this request is justified because they experience low 
defect rates on extended haul trains that are currently operating in 
coal, intermodal, and automotive service. Of the 15,911 inspections 
performed on extended haul trains during a three year period, only 0.49 
percent of the inspections revealed FRA defects. UP's expanded use of 
wayside detection technologies has allowed UP to further improve safety 
by enabling it to identify defects not readily identified by train 
inspections. Of further note, UP points out that Canadian rail 
operators have been permitted to operate certain trains from origin to 
destination within Canada, without undergoing intermediate brake test 
and train inspections. While this allows Canadian operators to operate 
some trains distances of more than 2,000 miles without undergoing 
intermediate inspections, the change has not resulted in adverse safety 
effects.
    UP claims that granting this request will give UP the flexibility 
it needs to concentrate its train inspections at terminals with 
greatest resources, which are best equipped to perform inspections in a 
safe expeditious manner. It would also lead to improved operating 
efficiencies and increased train velocities. The resulting decrease in 
en route delays would have the added benefit of allowing train crews to 
complete their journeys in shorter amounts of time and reduce fuel 
consumption. UP estimates that if this waiver is granted, they will 
save approximately 350,000 gallons of fuel annually through the 
elimination of certain inspections at Elko, NV, Pocatello, ID, and Salt 
Lake City, UT.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested party 
desires an opportunity for oral comment, they should notify FRA, in 
writing, before the end of the comment period and specify the basis for 
their request.
    All communications concerning these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2008-0165) and may be submitted by any of the following methods:
     Web site: https://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
      Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Communications received within 45 days of the date of this notice 
will be considered by FRA before final action is taken. Comments 
received after that date will be considered as far as practicable. All 
written communications concerning these proceedings are available for 
examination during regular business hours (9 a.m.--5 p.m.) at the above 
facility. All documents in the public docket are also available for 
inspection and copying on the Internet at the docket facility's Web 
site at https://www.regulations.gov.
    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the comment (or signing the comment, 
if submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (Volume 65, Number 70; Pages 
19477-78).

    Issued in Washington, DC on January 14, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E9-1218 Filed 1-21-09; 8:45 am]
BILLING CODE 4910-06-P